Cancer poses a grave threat to public health all over the world, especially in India. In this context, the importance of a solid legal framework to support the public health approach towards the control of the disease is of utmost importance. This paper is intended to be a constructive critique of the current legal framework for the control of cancer in India, its positive aspects, negative aspects, and the possible enhancements that could be made to the framework. Understanding the efforts of the legislator in the control of cancer in India in particular in its prevention, early detection, treatment, and terminal care, constitutes the starting point of this analysis. It attempts to measure the statute's cohesion and completeness, especially those of the government’s Cancer Prevention and Control Programs.
Moreover, it seeks to explain the interrelationships of the legal instruments that govern the socio-economic aspects of the healthcare system and of the essential services of cancer treatment. It assesses the sufficiency of the protective legal measures aimed at the socio-economic disadvantaged public’s access to cancer care services, and the general protective legal measures aimed at the public’s health from carcinogenic risks. It goes on to measure the sufficiency of the legal instruments aimed at the socio-economic disadvantaged public’s access to cancer care services, and the general protective legal measures aimed at the public’s health from carcinogenic risks. It seeks to evaluate the adequate alignment of the legal framework with world cancer control treaties and the guiding framework, and the equilibrium in the distribution of the power to control cancer, particularly in the landmark rulings and the resultant laws governing cancer control.
The primary focus is to promote a holistic method of addressing cancer control with the aim of merging the legal, medical, and socio-economic aspects to alleviate the impact of the disease in a more efficient and effective manner. It requires collaboration of the policymakers, the health care system, the civil society, and the court system to be able to reinforce the legal line and move cancer control in India to the next level..